How to join

Free Membership

There is no charge to become a member of PICSEL. To join, simply complete the membership form along with the UK Mandate form. If you’d also like us to collect revenue from overseas CMOs on your behalf, don’t forget to fill out the Overseas Mandate form too.

Membership form

Application for PICSEL membership

Please complete this application form and send it to Picture Industry Collecting Society for Effective Licensing at: PICSEL, Amelia House, Crescent Road, Worthing, BN11 1QR or email it to info@picsel.org.uk.

Membership of PICSEL is open to any person or organisation (including without limitation picture libraries) owning or controlling the following rights in Images and/or representing creators of Images for their services and/or rights holders for the following rights in Images:

permitting the making of reprographic copies of Images;
authorising the scanning, digitisation, distribution, communication or making available to the public of Images by electronic means in any form or service and/or by any media whether current or invented in the future (including making available databases relating to the Images).

For the purpose of this membership application, “Images” means images and pictures of any kind whatsoever, including without limitation photographs, films, transparencies, negatives, designs, artworks, paintings, montages, drawings, plans, lithographs, engravings, computer or electronically generated visual Illustration including without limitation moving and interactive images, and any other items, which may be offered for the purposes of reproduction. The term shall also be deemed to include databases of any of the aforementioned. PICSEL Limited (Registered No 09899186) is a private company limited by guarantee, and membership will make you a subscriber to its memorandum.

On receipt of your application we will contact your referees. Once your references are received these, together with your application, will be presented to the PICSEL Executive Board. Board members will consider your application, and if there are no objections your application will be approved. Once your application is approved you will receive a welcome email with details on your membership benefits.

Section 1: Company/Organisation Details

Company/Organisation Name:
Address:
Postcode:
Telephone:
Email:
Website
Registered Company No.:
VAT Registration No.:
Trade Association Membership:	BAPLA Other (please specify) ______________
Which sectors do you license for? Please choose one or more categories:	Books Schools Magazines (Editorial) Higher Education Journals Further Education Other Periodicals Business Broadcasting Public Bodies/Sector
Please choose one or more:	UK Overseas

Section 2: Bank Account Details

Bank Account Holder Name:
Bank/Building Society Name:
Account Number:
Sort Code:
Building Society Reference: (Only necessary for building societies. Max. 18 characters)

Section 3: Contact Details

Main Contact: (Your designated contact for all communications)

Name

Email Address

Job Title

Direct Phone No

Finance Contact: (If different from above)

Name

Email Address

Job Title

Direct Phone No

Permissions Contact: (If different from above)

Name

Email Address

Job Title

Direct Phone No

Section 4: Declaration & Signature

1. I have read, understood and hereby agree to join PICSEL as a member and uphold the statutory regulations required by law.
2. Subject to the articles of association of PICSEL Limited trading as the Picture Industry Collection Society for Effective Licensing (“PICSEL”) application is made by the undersigned for membership of PICSEL and in the event of PICSEL being wound up while the undersigned is a member or within one year afterwards, the undersigned undertakes to contribute such sum as may be required, not exceeding £10, for payment of the debts and liabilities of PICSEL contracted before ceasing to be a member and of the costs, charges and expenses of winding up.
3. Please indicate by email if you do not wish your name to be passed to third parties other than through the website or telephone referral service, this is in accordance with GDPR 2018:

Signature: Printed Name: Date: DD/MM/YYYY

This membership application form requests you to supply details, as specified under data protection:

1. Details of its membership, which PICSEL is legally obliged to record as public information.

2. Details of which you may already be legally obliged to make public.

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Your Mandate

Mandate form - UK

Authority to Act

This DEED is made on _________________________________ (the “Authority to Act”),

BETWEEN PICSEL LIMITED whose registered number is 09899186 and whose registered office is Amelia House, Crescent Road, Worthing, BN11 1QR (“PICSEL”); and the Authorising Rightsholder set out below.

Name of Authorising Rightsholder
Address
Postcode		Phone number
Contact name		Email address
VAT Registration number

By signing this Authority to Act, I hereby grant PICSEL the exclusive rights, licenses, permissions and mandates described in, and subject to, the terms and conditions governing this Authority to Act set out below.

In witness hereof, each party has duly signed this deed by its authorised signatory:

On behalf of Authorised Representative

Company Name: _______________________________

)

By: ______________________________________

Title: Director

)

Signature

In the presence of witness

Print name:_______________________________

Occupation:_______________________________

Address:__________________________________

_________________________________________

)

On behalf of PICSEL LIMITED

)

By: Paul Seheult

Title: CEO

)

Signature

In the presence of witness

Print name:_______________________________

Occupation:_______________________________

Address:__________________________________

_________________________________________

)

Terms & Conditions of this Authority to Act are set out below.

TERMS AND CONDITIONS OF AUTHORITY TO ACT

BACKGROUND:

PICSEL is a Collective Management Organisation established to exercise and enforce licences and other agreements in respect of the reproduction and other exploitation of Images in which copyright and other rights of a similar nature subsist, and to collect and distribute the income from such licences and other agreements as agent for its members and non-members who authorise it to act on their behalf or, under an extended licensing scheme, whom PICSEL is deemed to represent. .
The Authorising Rightsholder is a Rightsholder, or is the Authorised Representative of a Rightsholder(s), in one or more Images.

The Authorised Rightsholder granted PICSEL certain licences and authority to act in respect of licenses granted by the CLA, ERA and NLA on ______________________ (“UK Mandate”).

The Authorised Rightsholder granted certain licences and authority to act in respect of licenses granted by Collecting Management Organisations outside the United Kingdom on _______________________________ (“International Mandate”).

The parties wish to amend, clarify and restate the terms of the UK Mandate and the International Mandate with any amendments taking effect, and all rights being deemed granted to PICSEL, from the Effective Date (as defined below).

IT IS HEREBY AGREED:

1. DEFINITIONS AND INTERPRETATION

1.1 In this Authority to Act the following words and expressions shall (except where the context otherwise requires) have the following meanings:

“Administration Charge(s)” means the commission and other fees charged by PICSEL for the administration of Mandated Rights on behalf of the Authorising Rightsholder.

“Business” means the conduct of the activities forming the business of PICSEL as agreed from time to time by the Members under and in accordance with its articles of association.

“CLA Licences” means the licences offered by CLA to the education, corporate and public sectors that authorise users to copy and share published material.

“Collective Management Organisation” means any organisation which is authorised by law or by way of assignment, licence or any other contractual arrangement to manage copyright or rights related to copyright on behalf of more than one right-holder, for the collective benefit of those right-holders, as its sole or main purpose, and which fulfils one or both of the following criteria:

(a) it is owned or controlled by its Members; and/or

(b) it is organised on a not-for-profit basis.

“CLA” means the Copyright Licensing Agency Ltd.

“Collection Rights” means the right to collect the income accrued prior to the Effective Date but payable thereafter as a result of the exercise of rights previously granted by the Authorising Rightsholder to DACS or any other Collective Management Organisation (whether exercised through CLA or otherwise).

“DACS” means the Design and Artist Copyright Society Ltd.

“Distribution Policy” means the policy adopted by the Members from time to time concerning the distribution of income arising from the exploitation by PICSEL of Images in accordance with the authorities to act granted by Rightsholders.

“Effective Date” means the date of the UK Mandate.

“ERA” means Educational Recording Agency Ltd.

“ERA Licence” means the centrally negotiated licence operated by ERA which authorises teachers and lecturers to use licensed audio-visual programmes and radio broadcasts for educational purposes.

“Image” means an image, illustration and picture of any kind whatsoever, including without limitation a photograph, film, transparency, negative, design, artwork, painting, montage, drawing, plan, lithograph, engraving, computer or electronically generated visual Illustration including without limitation a moving and interactive image, and any other item which may be offered for the purposes of reproduction. The term shall also be deemed to include a database of any of the aforementioned and any data contained therein.

“International Mandate” has the meaning given to it in recital (D).

“Mandated Rights” include but are not limited to the rights licensed by the CLA under the CLA Licenses, PLS, NLA for the photocopying, scanning, printing and digital re-use and communication of works that are part of composite works, such as books and magazines; licences governing document delivery services; uses made under the ERA Licence; rights licenses under cable retransmission; rights in respect of public performances; and any similar uses of works whether remunerated through licensing fees, royalties, levy systems or any other means, and whether any such rights are licensed, or remuneration claimed for, by Collective Management Organisations based in the UK or anywhere around the world, in each case as far as such rights or remuneration relates to use of a Work (including potential use such as the use arrived at by proportionate allocation of licensing income by a Collective Management Organisation in which Authorised Rightsholders or Rightsholders represented by them are entitled to participate).

“Members” means the members from time to time of PICSEL.

“Net Receipts” means all monies received by PICSEL from the exercise of the Mandated Rights less PICSEL’s Administration Charge(s) and subject to PICSEL’s payment obligations to other agency or sub-licensee agreements.

“PICSEL Licences” means licences granted by PICSEL or its agent(s) on behalf of Authorising Rightsholders in operation of the Business as the same may be amended or replaced from time to time.

“RightShare®” is the electronic distribution system operated by PICSEL in accordance with the applicable Distribution Policy.

“Rightsholder” means any person (other than a collective management organisation) that owns or controls (whether exclusively or non-exclusively) a copyright or related right, or under an agreement for the exploitation of rights or by law is entitled to a share of the rights revenue from a copyright or related right.

“UK Mandate” has the meaning given to it in recital (C).

“Work” means an Image in which copyright and other rights of a similar nature subsist, which is owned and/or controlled by the Authorising Rightsholder, or a Rightsholder represented by the Authorising Rightsholder, whether in whole or in part and whether exclusively or non-exclusively and which the Authorising Rightsholder has not notified PICSEL should be excluded from the Mandated Rights in accordance with the procedure established for excluding Images from any category of Mandated Rights hereunder.

1.2 Words and expressions defined in the Copyright Designs & Patents Act 1988 (as amended, modified or re‑enacted) shall, where the context permits, bear the same meanings in this Authority to Act. In this Authority to Act references to the singular number only also include the plural and vice versa. Any reference to a clause is a reference to a clause of this Authority to Act. Clause headings are for ease of reference only and do not affect the construction or interpretation of this Authority to Act.

GRANT OF AUTHORITY

2.1 Subject to Clause 2.2 below, the Authorising Rightsholder hereby, grants to PICSEL as of the Effective Date for the term hereof, as its sole agent, the exclusive license and a mandate to negotiate, license, claim, administer and enforce:

2.1.1 the Mandated Rights;

2.1.2 the Collection Rights; and

2.1.3 any further rights the Authorising Rightsholder grants PICSEL in the future,

in each case, throughout the world, directly or through PICSEL’s agents and/or licensees, including without limitation, any Collective Management Organisation and their licenses, in accordance with the terms of this Authority to Act. The rights granted under the UK Mandate and the International Mandate are incorporated in this Authority to Act as of the Effective Date.

It is understood that exclusivity under this clause 2.1 is limited to the actual uses of the Work claimed and paid for through RightShare® or any other distribution system which may be adopted by PICSEL from time to time.

2.2 The grant of authority hereunder is conditional upon the termination by the Authorising Rightsholder of the grant of rights and/or mandate previously granted by the Authorising Rightsholder to DACS (if applicable) or any other Collective Management Organisation. Upon termination, the Mandated Rights shall immediately vest in PICSEL without further formality but the Authorising Rightsholder agrees to provide PICSEL with such supporting documentation as PICSEL may reasonably require in order to verify the termination.

2.3 For the avoidance of doubt, all rights not expressly granted hereunder are reserved to the Authorising Rightsholder. If applicable, the Authorising Rightsholder reserves to itself the right to grant licences in respect of the Images solely in respect of non-commercial uses of the Mandated Rights.

WARRANTY AND UNDERTAKING

3.1 The Authorising Rightsholder warrants that it has the full right and authority to enter into this Authority to Act and that the exercise by PICSEL of the Mandated Rights will not violate or infringe the right of any third party or be in breach of any applicable laws or regulations.

3.2 The Authorising Rightsholder warrants and undertakes with PICSEL that, where applicable, it shall appropriately and effectively allocate and distribute payments from the exploitation of the Mandated Rights hereunder due to the relevant Rightsholder(s) of the Image(s) in accordance with the agreement(s) between the Authorising Rightsholder and such Rightsholder(s).

3.3 The warranties set out in clauses 3.1 and 3.2 shall be deemed repeated with each claim made by the Authorising Rightsholder through RightShare® or any other distribution system which may be adopted by PICSEL from time to time.

3.3 The Authorising Rightsholder agrees that this Authority to Act shall also be subject to PICSEL’s Distribution Policy and any other relevant rules and policies validly adopted by PICSEL.

3.4 The Authorising Rightsholder shall co-operate with PICSEL in any way that PICSEL may reasonably require (including without limitation the production of documents) to verify that it has the right to grant the Mandated Rights to PICSEL hereunder and that, where applicable, it is fulfilling its obligations under Clause 3.2 above. The Authorising Rightsholder shall notify PICSEL without delay of any and all changes to its representation of Rightsholders which might affect the Mandated Rights.

INDEMNITIES

4.1 The Authorising Rightsholder hereby indemnifies and agrees to keep indemnified PICSEL against all demands, claims, liabilities, costs and expense incurred by PICSEL or its licensees whatsoever arising out of a breach or alleged breach of the warranties set out in Clauses 3.1 and 3.2 above and its other obligations hereunder Provided That the above indemnity does not extend to any claims arising by reason of any wrongful act or default by PICSEL, its servants, agents. The Authorising Rightsholder acknowledges that PICSEL may include indemnities in favour of licensees within licences granted by PICSEL in relation to the infringement of Images copied under such Licences and the validity of the rights granted thereunder.

TERM AND TERMINATION

5.1 Without prejudice to the ability of the Authorising Rightsholder to withdraw Mandated Rights from its Mandate in accordance with Clause 5.3 below, the term of this Authority to Act commence on the date set out at the head of this agreement and shall remain in full force and effect unless and until the Authorising Rightsholder shall give to PICSEL three (3) calendar months’ notice in writing terminating the term hereof.

5.2 On termination of the term hereof in accordance with Clause 5.1 above this Authority to Act shall cease to have any force and effect save in respect of:

(a) all PICSEL Licences granted by PICSEL or its agents and/or licensees (including without limitation CLA, ERA and NLA) entered into prior to and still in force on the date of termination in respect of which the Mandated Rights granted hereunder shall continue so as to permit such PICSEL Licences to continue in force and effect for their remaining duration in accordance with their terms and in respect of which applicable Net Receipts shall continue to paid to the Authorising Rightsholder which the Authorising Rightsholder shall continue to distribute in accordance with Clause 3.2, where applicable; and

(b) any other right or remedy which either the Authorising Rightsholder or PICSEL may have in respect of any breach of this Authority to Act which existed at or before the date of termination; and

(c) any other obligation which PICSEL and the Authorising Rightsholder may have to each other in connection with distributions, Administration Charges and the provision of information shall continue to apply, where relevant.

5.3 At any time during the term hereof, the Authorising Rightsholder shall be entitled to withdraw this Authority to Act in respect of specific:

(a) Images; and/or

(b) categories of Mandated Rights; and/or

by giving three (3) calendar months’ notice in writing in the form of the Withdrawal of Rights Form which PICSEL shall make available to the Authorising Rightsholder on its website. Upon withdrawal, the provisions of Clause 5.2(a) to (c) shall apply to the rights in Images so withdrawn. Withdrawal shall be without prejudice to the Authority to Act in respect of any remaining Mandated Rights relating to Images not so withdrawn.

GENERAL

6.1 The Authorising Rightsholder shall on the written request of PICSEL promptly execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to this Authority to Act.

6.2 No failure to exercise or delay in exercising any right or remedy under this Authority to Act shall constitute a waiver thereof and no waiver by the Authorising Rightsholder or PICSEL of any breach or non‑fulfilment by the other of any provision of this Authority to Act shall be deemed to be a waiver of any subsequent or other breach of that or any other provision hereof and no single or partial exercise of any right or remedy under this Authority to Act shall preclude or restrict the further exercise of any such right or remedy. The rights and remedies of the Authorising Rightsholder and PICSEL provided in this Authority to Act are cumulative and not exclusive of any rights and remedies provided by law.

6.3 No variation of this Authority to Act shall be valid unless it is in writing and executed by or on behalf of each of the Authorising Rightsholder and PICSEL.

6.4 As regards its subject matter, this Authority to Act contains the whole agreement between the parties and supersedes all previous agreements, mandates, authorities, arrangements and understandings.

6.5 A person who is not a party to this Authority to Act shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Authority to Act. This Clause does not affect any right or remedy of any person that exists or is available otherwise than pursuant to that Act.

6.6 This Authority to Act shall be governed by and construed in accordance with English law and the Authorising Rightsholder and PICSEL hereby submit for all purposes in connection with this Authority to Act to the non‑exclusive jurisdiction of the English courts.

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Mandate form - Overseas

Authority to Act (overseas rights)

This AGREEMENT is made on [ ] (the “Agreement”)

BETWEEN PICSEL LIMITED whose registered number is 09899186 and whose registered office is Amelia House, Crescent Road, Worthing, BN11 1QR (“PICSEL”); and the Authorising Rightholder set out below.

Name of Authorising Rightholder
Address
Postcode		Phone number
Contact name		Email address
VAT Registration number

By signing where indicated, you authorise PICSEL to exercise on your behalf rights specified below which, together with any other rights you granted or may grant PICSEL from time to time, shall be the “Mandated Rights”.

MANDATED RIGHTS CATEGORY

TERRITORY

EFFECTIVE DATE

AGREEMENT TO MANDATED RIGHTS CATEGORY SPECIFIC

The non-exclusive rights to collect royalties, levies and other payments due to the Authorising Rightholder or persons claiming under it from exploitation of Works anywhere outside of the United Kingdom.

World

…………..

Date (D/M/YYYY)

….……………..……..

Name

…………..……….…..

Position with Authorising Rightholder

The definitions, rules of interpretation, terms and conditions of the Authority to Act dated 11^th April 2019, will apply with necessary modifications to this Agreement. This Amendment shall be governed by and construed in accordance with English law and the Authorising Rightholder and PICSEL hereby submit for all purposes in connection with this Amendment to the non-exclusive jurisdiction of the English courts.

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Benefits

Membership of the fastest growing CMO for visual arts (VACMO) will bring benefits. Our aim is to generate more revenue for your rights. We offer direct support to help manage your mandates and data, whilst giving you the reassurance that we will always have your interests at heart, as well as update you on important issues and new business opportunities. Importantly, we have reduced the administrative and financial burden for claimants by providing a simple, fair and transparent process.

Testimonials

Members tell us what they think

“Wow! I feel that I should give you some quotable quote but quite speechless with our share here.”

“Happy Monday! This is fantastic news, thank you.”

“This is a huge shot in the arm for our business.”

“I am delighted at what two weeks-worth of work has produced.”

“That’s brilliant. A real incentive to get in the roof and go through all the old invoices.”

“A very generous number! Well-bloody-done!”

“This is wonderful news, on both a personal level and also for PICSEL!”

“Wow. To say that we were surprised by the amount awarded this year is an understatement. Amazing what you and your business have contributed to this process in terms of transparency and equitability, let alone in value.”

“Flippin’ ‘eck – I wish everyone paid that quick!!”

“It has been a really good result for us putting in the work we did to enhance our claim. And that wouldn’t have been possible without the time you gave both meeting us at the office and in your claims workshop so that I could better understand how we might improve our data.”

“Thanks so much for these lovely reports. Most grateful to you for all your hard work and for your patience and excellent advice.”

“Thanks for all your work and the good result for this year. I’ve already started on next year’s claim.”

“After being so pleasantly surprised last year I was fearful this time around that I’d be disappointed. Not a bit of it.”

“Pro rata that’s a big enough increase for my head to be off the chopping block.”

Featured Artist

Richard Bryant

Richard was Inspired by his father, a quietly spoken engineer with a love for photography, whose self processed black and white photographs were always around. His images of village streets were possibly more influential to Richard than he realised.

Richard’s reputation has been built on photography of high-profile contemporary architecture, as is evident from the images below, but has always enjoyed the historic too. In fact, his final year thesis, training as an architect was to find and photographically document the works of Palladio in the Veneto.

“I do love the graphic image and with magazine front covers in mind I always included them within a building study portfolio. It’s the bigger shots and more complex images relating to spatial relationships that really intrigue me. These are images that the viewer has to take time over. With the proliferation of imagery, the mobile phone camera, and 6 seconds being the average time spent looking at a web sites main image, it is a concern that photographically interpreting architecture is losing its edge.”

Earning a living exclusively from photography is increasingly difficult.

Many non-photographers can make acceptable images in a digital world.

Right click technology and free on-line magazines have devastated income from image reproduction fees – the bedrock of a commissioned photographers ‘resting’ income.

Now more than ever a photographer needs a body to fight their corner and deliver much needed revenue. PICSEL understands photography and photographers. Other collecting societies have been ‘high art’ oriented. Changing to PICSEL was easy – they helped every step of the way. Similarly, with understanding how to claim. Whoever your representative is you will have to submit the same information. Yet since its launch PICSEL has managed to pay out more to photographers than other collecting societies on similar claims. PICSEL has helped photographers interpret what is needed to squeeze out the best return. In the background they are banging the drum for a fair deal across media and territories for the photographic community.

I’m pleased PICSEL is there and looking out for the best deal for my legacy image rights.